253 (1910); Rice v. Ames,180 U.S. 371, 21 S. Ct. 406, 45 L. Ed. Soto also explains the details of the alleged abuse visited upon him. Finally, Respondent filed FINDINGS OF MEXICAN LAW EXPERT RODOLFO GASTELUM PEREZ RE: ABSENCE OF PROBABLE CAUSE; SYNOPSIS; AND CURRICULUM VITAE which asserted procedural, substantive and constitutional infirmities under Mexican law in the extradition request and in the arrest warrant. 1462, 1469 (S.D.Tex.1992). Actually, this declaration is not signed by Alejandro, nor was it written by Alejandro. [41] All of these individuals are described as "prisoners" in the statement. This element was not challenged by the Respondent. Respondent had indicated that a recantation by Vasquez would be filed, but no such document has been offered in evidence in this case. Valdez told Contreras, "Wait for me here and when you see us leave the parking lot in the white Volkswagen, make a wall so that we won't be followed". En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue . The indicia of reliability is clearly on the November 30, 1996 deposition offered in Mexico's case in chief. E. Alejandro Enrique Hodoyan Palacios On November 30, 1996, Alejandro Enrique Hodoyan Palacios (hereinafter "Alejandro") gave a deposition at the office of the Attorney General of the United States of Mexico. Respondent also asserts that not only have the governing administrations changed in Mexico and the United States since the 1978 signing of the Treaty, but the purpose and intent of the parties is materially different from what it was at the time the Treaty was signed. 956 (1922). An analysis of whether this Court should enact a humanitarian exception into foreign extradition begins with a recognition of the rule of non-inquiry. 1028, 1049 (S.D.N.Y.1990); Republic of France v. Moghadam, 617 F.Supp. Miranda was granted "use immunity" for giving the statement. These questions cannot be answered within the narrow confines of an extradition proceeding and would be most properly addressed by the Secretary of State and/or the Court in Mexico on a trial on the merits. Background. 777 (N.D.Cal.1985). In the Matter of the Extradition of Contreras,800 F. Supp. [5] This Declaration is filed in Case No. Finally, he contests the date of arrest. [16] Habeas corpus was subsequently granted, Kin-Hong v. United States,957 F. Supp. Valdez and Martinez then fled the Holiday Inn in the white Volkswagen. Among the young people recruited by Mexican drug trafficking were Emilio Valdez Mainero, son of a presidential guard, Alfredo . When the two cars arrived at the Holiday Inn in Toluca, Valdez got out of the white Volkswagen and told Contreras, "Be, cautious, wait for me here and when you see us going out from the parking lot in the white Volkswagen, you should form a `wall' so that we cannot be followed.". The magistrate's function is to determine whether there is "any" evidence establishing reasonable or probable cause. 2d 496 (1990). The 33-year-old Mexican . If the drafters of the Treaty had intended the judicial officer to consider the admissibility and weight of the evidence under the law of the requesting party (i.e. This is in contrast to the September 27, 1996 arrest date noted in the statement to the federal prosecutor. Ms tarde contactaron a Alfredo Hodoyan Palacios, quien era hijo de un empresario acaudalado de la ciudad. 18 U.S.C. The murder and conspiracy offenses, above described, survive the Respondent's challenge. Magistrate No. (2) Gustavo Miranda Santacruz. Everardo Pez, also known as "El Kitty", was not a person of money, but under the tutelage of Ramn Arellano Flix, he dedicated himself, together with the narco juniors, to cross drugs into the United States without raising suspicions due to his economic status. While 3188 requires the United States to deliver a person committed for extradition to a foreign government within two months, that provision has no application to the proceedings in this case, at this stage, as commitment does not occur prior to the certification of the Respondent's extraditability by the Court. In fact, it is the United States, on behalf of the Republic of Mexico, that is the moving party in this proceeding, pursuant to the subject Treaty. While obviously nervous as he recounts the AFO's activities, there are no signs of physical abuse or manifestations consistent with psychological pressure or duress. 44). 830 (1911). Under United States law, (i.e., California Penal Code 187-199) murder is unlawful and similarly defined. The Ruiz statement also describes the "detention" of Alejandro and Francisco Cabrera Castro, aka "Piedras". *1215 The sufficiency of the evidence (i.e., probable cause) will be discussed hereinafter. En esta temporada podemos ver lo que pasa despus de la cada de Miguel ngel Flix Gallardo, interpretado por Diego Luna. Emilio Valdez Mainero and Alfredo Hodoyan were linked to the Arellano Felix drug organization, which controls the lucrative drug corridor from Baja California into the United States. All the victims were prosecutors or police commanders from Baja California who had investigated the Arellanos. No mention of torture or physical abuse is made. 13, 22 (D.Mass.1989). The Ninth Circuit held that "[t]his contention lacks merit because under general extradition of the United States and under the provisions of Treaty, the hearsay statements Keller summarized in his affidavit are competent evidence." For the reasons set forth in the Memorandum Decision Denying Bail (see footnote 1), the Court finds that the offense of carrying a firearm exclusive to the Army, Navy and Air Force lacks dual criminality and petitioner fails in its burden regarding extradition on that matter.[18]. The certified documents submitted by Mexico, including the statements of Cruz, Miranda, Soto, Vasquez and Alejandro are admitted into evidence in accordance with Article 10(6) of the subject Treaty and 18 U.S.C. The papers have provided a behind-the-scenes look at an assassination already widely believed to be the work of the Arellanos. Covid-19 Mxico: Suman 218 mil 173 muertes y 1 milln 879 mil 713 personas se han recuperado | Cifras El director general de Epidemiologa, Jos Luis Aloma Zegarra, inform que se registran 21 mil 224 casos activos en el pas; se han aplicado 19 millones 951 mil 121 dosis aplicadas.. In support of its extradition request on the charge of criminal conspiracy, Mexico has provided, among other things, the following sworn, certified and authenticated witness statements which detail Valdez' membership and participation in the Arellano Felix drug trafficking organization: (1) Gerardo Cruz Pacheco aka "Capitan". At the time of the June 30, 1997 hearing, a typed translation of Alejandro's personal notes was offered. at 952. Respondent also argues that Alejandro was abducted in the Spring of 1997 by representatives of Mexico which corroborates Mexico's alleged use of inappropriate force and means to secure evidence in this case. The videotapes clearly demonstrate Alejandro's demeanor. The Court may act upon unsworn statements of absent *1223 witnesses, although they could not have been received by the judge under the law of the state in a preliminary examination. Quines son los narcojuniors en los que est basada la historia . 3190. The Extradition Hearing was continued on several occasions after the January 14, 1997 filing, with the consent of the parties, to allow for further preparation and response to the evidence. Respondent asserts that Soto lost an eye as a result of the torture used by Mexico to extract his statement[39]. Bruton v. United States,391 U.S. 123, 88 S. Ct. 1620, 20 L. Ed. Fue en una fiesta que conocieron a Emilio Valdez Mainero, hijo de un coronel que fue miebro de los guardias presidenciales. Tambin as reclutaron a Alfredo Hodoyan Palacios, hijo de un empresario de Tijuana, quien comenz a pasar droga sin levantar sospechas pues era . 834 F.2d 1444, 1453. 000012 dated January 3, *1213 1997. [23] Cruz made several statements relative to this matter. They also indicated that their boss, Ramon Arellano Felix, would be pleased with the last job they had carried out. 330 (1913); Zanazanian v. U.S., 729 F.2d 624 (9th Cir.1984). Respondent has no right to rebut prosecutorial evidence (here, the basis and procedural compliance with the laws of Mexico as well as the determination of probable cause to issue the warrant in Mexico). These declarations bear even greater indicia of competency than the police reports accepted as competent evidence in Zanazanian. Peter Lupsha, an expert on drug trafficking and former professor at University of New Mexico, said this case suggests that a corrupt Mexican government thwarted previous drug investigations. Cruz identifies photographs numbered 53, 54 and 55, respectively as depictions of Respondent Valdez. 1101(d) (3); and Fed. 1103. Fernandez v. Phillips,268 U.S. 311, 45 S. Ct. 541, 69 L. Ed. The Federal Rules of Evidence and of Criminal Procedure do not apply to an extradition hearing. Hodoyan was taken into custody for carrying an AK-47 and some marijuana. R.Crim.P. Based on case authorities Respondent's Motion in this regard is denied. The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. 1978). Fue en una de las celebraciones que conocieron a Emilio Valdez Mainero, el hijo de un coronel que en su momento fue miembro de los guardias presidenciales.Ms tarde contactaron . Date published: Mar 20, 2013. Mexico has filed the videotapes, the evidence concerning Respondent's statements regarding the 1997 abduction of Alejandro Hodoyan and the genesis of the March 3, 1997 Declaration by Alejandro Hodoyan, as well as the statements by Alejandro to U.S. agents. The entire record supports the finding that probable cause exists with regard to homicide charges. Esta clula del crtel de Tijuana volvi a la luz por la nueva temporada de la serie de Netflix He also stated that it was Valdez who assigned him the code name "F7". 1462, 1464 (S.D.Tex. Again, no more precise recantation of the specific events exists. In this regard, Respondent cites Article 11, Paragraph 3 of the Treaty. Mr. Valdez became a top operative in the organization, arranging drug . Another court has correctly characterized the above sentence from the Second Circuit as "dicta." However, before we can indict evidence as tainted by the coercive effect of torture, satisfactory evidence must be presented. Attorney Gastelum's opinions are contradictory, at best, and excludable on that basis. Augustin also indicates that Alejandro told him that the Mexican officers intended to torture and kill Alfredo Hodoyan Palacios should he be extradited to Mexico. Finally, the Respondent is accused by Mexico of criminal association (conspiracy) in violation of Mexican law. [35] This evidence was received under seal in 96mg1828 and as a result, the specifics are not detailed or recited herein. 442 (S.D.Cal.1990). Emilio Valdez Mainero was a boyhood buddy Mr. Hodoyan chose years later to be the godfather at his first daughter's baptism. Valdez then smiled and announced, "The Baby paid me off. emilio valdez mainero. at 77, 78. ``Take out your AK-47, and you are going to (expletive) him right now.. The suggestion of torture is certainly present in the record. At approximately 9:30 p.m. Valdez and Martinez encountered Gallardo whom Valdez planned to assassinate. Therefore, the Court will certify the above and all documents admitted into evidence to the Secretary of State. The . Specifically, Respondent submits that the Treaty is invalid because the use of torture in Mexico in obtaining evidence, including the evidence in this matter, is contrary to the law of the United States. The Ninth Circuit has labeled the above statement from Gallina as speculation. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 2d 61 (1970). When arrested, Gallardo said that the marijuana belonged to Benjamin Arellano Felix, which caused the issuance of an arrest warrant for Benjamin Arellano Felix. In fact, Respondent urges the Court to dismiss this proceeding stating that the Mexican Attorney General's office held back these statements because of their negative impact on the probable cause analysis. Cruz testified based upon his personal acquaintance with the individuals named in the statement, and his participation in various events and circumstances, as well as conversations, with the individuals involved. Fed.R.Evid. Support for its origin is suggested from a New York Times article[40]. These statements are also corroborated in significant part by Alejandro's declaration. [24] A Volkswagen was seen leaving the scene by eyewitness Juan Manual de la Cruz. [36] A recantation of Francisco Cabrera Castro is also filed and argued to support Respondent's position. According to testimony given to . narcoseries Netflix. Respondent urges that this Court decline extradition based upon a "humanitarian exception" in that he is likely to be tortured based upon his alleged relationship to the Arellano-Felix brothers. The purported recantation of Alejandro has been discarded with the indicia of reliability supporting the initial deposition. In making this ruling, the Court of Appeals stated: After making its holding, the Gallina court did state that a case might occur in which the extraditee "would be subject to procedures or punishments so antipathetic to a federal court's sense of decency as to require reexamination of the [the general principle upholding extradition.]" The others drove in a white Volkswagen. [37] These statements were taken in open Court, at the time that Cruz and Soto were arraigned on charges filed against them by the Republic of Mexico and based upon the statements given to the public prosecutor. United States v. Taitz, 130 F.R.D. Terlinden v. Ames,184 U.S. 270, 22 S. Ct. 484, 46 L. Ed. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The United States, in fact, complied with Article 11, Paragraph 3, by its initial filing of diplomatic note 001831, on November 25, 1996 with the U.S. Embassy in Mexico. Jhirad v. Ferrandina, 536 F.2d 478 (2d Cir.1976). Certainly, the decision to act upon this type of evidence rests upon some indicia of authenticity and reliability. (quoting Sindona v. Grant, 619 F.2d 167, 174 (2d Cir.1980)). This is defined as an individual who is a member of a group or gang of three or more persons whose purpose is to carry out criminal activity (Article 164). Valdezs attorney said some of the statements were extracted under torture. The court, for reasons explained below, grants the petition, finding the detainee extraditable. 1997). Fausto Soto Miller presented See footnote 25. 1989), cert. United States District Court, S.D. Estudiaban en colegios particulares, eran de familias acomodadas y los deslumbr el estilo de vida del "Mon", uno de los lderes del crtel de Tijuana. Republic of France v. Moghadam,617 F. Supp. Curreri v. Vice, 77 F.2d 130, 132 (9th Cir.1935); Eain v. Wilkes, 641 F.2d 504, 510 (7th Cir.1981), cert. Sebastian Gutierrez Jaime, Olga Patricia Gonzalez Garcia, Juan Manuel de la Cruz and Pablo Garcia Martinez. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). at 1450-1451. [2] An analysis under Parretti v. United States, 112 F.3d 1363 (9th Cir.1997) decided May 6, 1997 and amended August 29, 1997, well after the issuance of the provisional arrest warrant in this case, is unnecessary given the timely filing of the certified documents. (5) There is probable cause that a crime or crimes were committed and that the Respondent participated in or committed them. In the proceeding before this Court, the Republic of Mexico (hereafter Mexico), through the United States government, seeks the extradition of United States citizen, EMILIO VALDEZ MAINERO, alleged to have committed crimes in Mexico. The holding in Gallina, however, offers no support for Valdez' claim. Mexico also takes the position that the statement is inaccurate and not properly certified or executed. He declared that, in May, 1992, Ramon Arellano-Felix and Valdez killed rival drug traffickers, the Olmos brothers, and that Valdez told him and other members of the AFO that Valdez would pay $150,000 to them if they took the blame for the Olmos murders. There is no evidence to suggest that the United States no longer honors the treaty or that its purpose and intent are no longer served. He later was charged with several murders, including Ibarras. The various activities included a number of incidents of transportation of illegal drugs and homicide. The proper authority for the political decision here is, of course, the Secretary of State. [1] Valdez was identified or described at various times and by different persons or in documentary evidence with nicknames or aliases. 577 (1901). [12] Statement of Gerardo Cruz Pacheco to an agent of the Federal Prosecutor on October 12, 1996. *1225 Seargent Ruiz' statement appears to confirm Soto's statement that he was arrested prior to the September 27, 1996 date set forth in the statements made to the Mexican authorities. The documents were filed by Mexican authorities seeking extradition of two men -- Emilio Valdez Mainero, 32, and Alfredo Hodayan Palacios, 25 -- alleged to be hit men for the Arellano Felix brothers. These individuals returned to Mr. Vasquez' home in April of 1996 and stated that they were running from the authorities because they had committed a homicide in Mexico City. 20, 2013) From Casetext: Smarter Legal Research. 2d 208. Opinion for Matter of Extradition of Mainero, 950 F. Supp. Defense counsel was provided for Mr. Soto for purposes of his testimony. Demandado: Emilio Ricardo Valdez Mainero. Mxico, DF - Era el nico de los altos mandos de los Arellano Flix a quien . On October 22, 1997, the Court issued an Order directing the United States Attorney to produce photographic evidence referenced in witness statements and related to the issue of the identity of Respondent. You already receive all suggested Justia Opinion Summary Newsletters. Equihua had been close to a witness in the drug-related cases of Alfredo Hodoyan and Emilio Valdez Mainero, which were due to be heard in San Diego courts. Simmons v. Braun, 627 F.2d 635 (2d Cir.1980). The document was written by Alejandro Hodoyan Ramirez, father of both Alejandro and Alfredo Hodoyan Palacios who is also an extraditee sought by Mexico. Seguir Leyendo "Siempre estaba preocupada por el avance de mi divorcio, me la pasaba marcando y visitando a mi abogado. La pequea y poco conocida . The statements of three admitted members of the organization are contained in extradition papers for Emilio Valdez Mainero, an alleged Arellano henchman arrested in the United States. He states that the reason that Gallardo was murdered was because he had allowed "Chapo Guzman" into the territory of Tijuana to deal drugs and push out Benjamin Arellano Felix. This issue was not challenged by the Respondent. [29] Clearly, Alejandro's testimony is based upon his personal knowledge derived from his acquaintance with Respondent and the other individuals named and his discussion and observations in their presence. MEMORANDUM DECISION DENYING BAIL PENDING EXTRADITION PROCEEDINGS. 956 (1922). The court, for reasons explained below, grants the petition, finding the detainee extraditable. En una de esas fiestas fue que conocieron a Emilio Valdez Mainero, quien era hijo de un coronel que fue miembro de los guardias presidenciales, cuando an existan. The analysis is also unnecessary in light of the Ninth Circuit order of October 2, 1997 ordering an en banc hearing in the case. In the Matter of Extradition of Contreras,800 F. Supp. BATTAGLIA, United States Magistrate Judge. You're all set! The Ruiz statement presents conflict with regard to dates of the arrest of some of Mexico's witnesses and is asserted to corroborate the use of torture in this case as well as create conflicts in Mexico's evidence in challenging the reliability of the evidence Mexico relies upon in this proceeding. Mexican law defines murder (or homicide) as taking the life of another (Article 302). The interests of Mexico were represented by the United States through the United States Department of Justice, by United States Attorney Alan D. Bersin and Assistant United States Attorney Gonzalo P. Curiel. EMILIO VALDEZ-MAINERO (1) Court: UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA. [15] The later supplementation of the record and the supplementation of Mexico's request for extradition, with additional charges, are not inconsistent with the Treaty or its provisions. 00:15. Id. A review of the evidence submitted in support of those charges meets the requirements regarding identity and probable cause sufficient to fulfill the fifth extradition requirement. ``Wear black clothes, the man, Gustavo Miranda Santacruz, said he was told by his superior. [8] Additional written argument was entertained from counsel and submissions in this regard were completed on October 14, 1997. Where a prior statement is shown to be coerced and the indicia of reliability is on the recantation, then the subsequent statement negating the existence of probable cause is germane in an extradition proceeding. Respondent's roles and activities in these regards is specifically referenced. Garcia-Guillern v. United States, 450 F.2d 1189, 1192 (5th Cir. The signs of injury included 16 irregularly circular scars, 17 circular scars and 3 small scars on the chest as well as a hematoma to the upper base of the nose and a circular bruise on the right chin. Valdez, Martinez and Contreras, were carrying small weapons in a white Volkswagen. The extradition proceeding is not a criminal trial nor is Respondent entitled to the rights available in a criminal trial at common law. The admissibility of Miranda's statement, as taken by Assistant United States Attorney Curiel, was previously discussed. Peryea v. United States,782 F. Supp. Cruz declared that the group told him of multiple murders that they, including Valdez, had committed because the "boss was angry", referring to Ramon Arellano Felix. The court, for reasons explained below, grants the petition, finding the detainee extraditable. United States v. Wiebe, 733 F.2d 549, 554 (8th Cir.1984); Bozilov v. Seifert, 983 F.2d 140 (9th Cir.1992). [13] The documents themselves do not have to filed in court by the 60 day period, only received by the United States. The personal notes and translation were offered to corroborate the declaration and the explanatory evidence with regard to Alejandro's testimony. Through observation and discussion, he became privy to the knowledge set forth. Each "recantation" is essentially a denial of the former statement(s) in their entirety and an allegation of torture and abuse at the hands of the Mexican authorities. Informacin de El Universal. Soto is also asked of his desire to make a statement concerning the facts attributed to him in his statement. Most of the cocaine entering the United States comes from Mexico, and most of it passes through the Arellanos undisputed turf _ Baja California, according to the Drug Enforcement Administration. The Court is not required to decide guilt or innocence, but only determines whether there is competent legal evidence to justify holding the accused for trial in the charging country. In re Petition of France for Extradition of Sauvage,819 F. Supp. This latter evidence also results in a finding that any hostile action taken toward Alejandro and resulting in his disappearance and murder was more likely than not prompted at the direction of the AFO and not Mexico. October 21, 1996. Respondent's request for discovery is denied. EMILIO VALDEZ MAINERO was represented by retained counsel Michael Pancer. The credible evidence, satisfies Mexico's burden in this respect[44]. The precedent of the long line of cases discussed above, supports the proposition that the consideration of a "humanitarian exception" should be left to the Department of State where it rightly belongs. The essential question is whether the indicia of reliability is on the recantation or the initial statement. No applicable authority was presented on this point and prevailing authority as set forth herein supports this ruling. Conspiracy to commit a crime is an extraditable offense under Article 2(4) (a) of the Treaty. In the statement to the judge, with the assistance of counsel, Cruz was asked by the Court if he desired to make a statement concerning the facts that are attributed to him in the subject statement. (7) Evidence which, in accordance with the laws of the requested party, would justify the apprehension and commitment for the trial of the person sought if the offense had been committed there, (i.e., probable cause). Valdez shot and killed Gallardo as well as Sanchez who happened to be in the corridor at the time of Gallardo's murder. [6] See ORDER DENYING RESPONDENT'S MOTION TO REOPEN EVIDENCE AND DIRECTING THE UNITED STATES TO FILE ADDITIONAL EVIDENCE filed September 11, 1997 (Docket No.
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